Robert W.Hamilton (Bob)

Of Counsel

(T) 1.614.281.3848

Bob Hamilton has more than 34 years of experience in civil litigation in state, federal, and bankruptcy courts and in First Amendment and media cases.

Bob has litigated a wide variety of matters in many of the nation's largest and most complex bankruptcy cases over the past three decades, including 1031 Tax Group; Alpha Natural Resources; Allegheny Health, Education and Research Foundation; American Apparel; Appalachian Fuels; Breed Technologies; Boscov's Department Stores; CS Mining; Cardinal Industries; Chrysler; City of Detroit; Dana; Federated Department Stores; FLYi; HQ Global; Harry & David; Hostess; Kmart; Loewen; Macy's; Metaldyne; Molycorp; National Century Financial Enterprises; NextWave; NII Holdings; Patriot Coal; Peabody Energy; Spansion; Tower Automotive; and World Kitchen.

Bob represented CompuServe in the first case addressing an ISP's liability for unlawful third-party content. He also represented CompuServe in the first case to enjoin a defendant from sending spam to an ISP's subscribers under the common law of trespass to chattels.

Other media clients he has represented include AOL, Cleveland magazine, Gannett, ICANN, the Motion Picture Association of America, Multimedia Entertainment, National Enquirer, Nextel, Ohio magazine, Playboy magazine, Post-Newsweek Stations, Sally Jessy Raphael, The Columbus Dispatch, The Washington Post, and Trinity Broadcasting.

Bob was featured as one of four leading e-commerce "Pioneers" by IP World in December 2000. He has taught internet law as an adjunct professor at The Ohio State University College of Law and Capital University Law School.

Experience

  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • Peabody Energy continues fight with Patriot CoalJones Day represented Peabody Energy Corporation ("PEC") in matters relating to the chapter 11 cases of its former subsidiary, Patriot Coal Corporation ("PCC"), including (a) discovery being conducted by PCC and their creditors' committee in those chapter 11 cases, (b) in an adversary proceeding brought against PEC by PCC in the chapter 11 case relating to certain benefit payments, and (c) litigation in West Virginia brought by the United Mine Workers of America relating to benefits owing by PCC.
  • Hostess Brands commences bankruptcy proceedingsJones Day represents client Hostess Brands, Inc. and its direct and indirect subsidiaries (collectively, "Hostess") as lead restructuring counsel, in Hostess' January 11, 2012 (the "Petition Date") filing under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") in the Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") with more than $800 million in secured debt and a $75 million debtor-in-possession financing facility with Silver Point.
  • Chrysler sold to Fiat-led "New Chrysler" after historic court proceedingsAfter a historic battle all the way to the United States Supreme Court, Chrysler LLC sold substantially all of its assets to Fiat-led "New Chrysler" (Chrysler Group LLC) on June 10, 2009, providing the opportunity for its iconic brands and U.S. operations to survive.
  • Spansion Japan settles claims against former parentJones Day represented Spansion Japan Limited ("Spansion Japan") in the bankruptcy case of its former parent, Spansion LLC, allowing Spansion Japan to successfully reorganize in Japan.
  • Financial Guaranty Insurance Company completes reinsurance transaction with MBIA InsuranceJones Day advised Financial Guaranty Insurance Company (FGIC), a leading national mono-line financial guaranty assurance company, in a transaction in which MBIA Insurance Corporation (MBIA), a subsidiary of MBIA Inc. and another leading national mono-line financial guaranty assurance company, reinsured FGIC's risk under financial guaranty policies covering $166 billion in par of public finance obligations.
  • AEP receives $263 million settlement after prevailing on breach of 20-year power contract claimJones Day represented American Electric Power Company, Inc. (AEP) on competing breach of contract claims.
  • Lehman Brothers Holdings seeks recovery of undisclosed asset value transferred in bankruptcy sale of broker dealerJones Day represents Lehman Brothers Holdings Inc. in an action to recover assets transferred to Barclays Capital Inc. when Barclays purchased the Lehman broker dealer business shortly after Lehman's bankruptcy filing in September 2008.
  • Colorado Capital Bank settles claims by bankruptcy 1031 Tax Group and obtains third-party release of claimsJones Day represented Colorado Capital Bank in connection with claims asserted against it by bankrupt 1031 Tax Group, and successfully obtained a resolution of all claims as well as a release of all third-party claims against Colorado Capital Bank.
  • FLYi Inc. and Independence Air file for bankruptcy with $455 million in debtJones Day represented FLYi, Inc., its operating entity, Independence Air, and their respective subsidiaries in filing voluntary petitions for reorganization under chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware.
  • NRP Financial sells business to LPL Financial CorporationJones Day represented NRP Financial, Inc. as the seller of the assets of a national broker-dealer business headquartered in northwest Ohio to LPL Financial Corporation in a distress asset sale transaction involving potential insolvency issues.
  • Dana Corporation obtains Global Settlement and creates VEBA trusts for retiree health care benefitsJones Day successfully represented Dana Corporation in obtaining a series of settlements to eliminate an enormous accumulated liability for health and life insurance benefits for retirees from its unionized and nonunion workforces, and to modify its collective bargaining agreements with active employees, allowing Dana to compete in the troubled auto industry upon emergence from bankruptcy.
  • Dana Corporation successfully reorganizes in U.S. and U.K. in "Deal of the Year"Jones Day advised Dana Corporation and 40 of its U.S. subsidiaries in their reorganization under chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the Southern District of New York.
  • Tower Automotive retired employees reach settlement with companyJones Day represented the official committee of retired employees of Tower Automotive and its constituents in the Tower Automotive (Tower) chapter 11 cases in connection with the efforts of Tower to modify the health and welfare benefits of its nonunion retirees pursuant to section 1114 of the Bankruptcy Code.
  • Boscov's Department Stores completes successful going concern saleJones Day represented Pennsylvania-based Boscov's, Inc. and its affiliated entities in their chapter 11 bankruptcy cases, including the successful sale of all of their assets as a going concern.
  • Metaldyne files for bankruptcy protectionJones Day represented Metaldyne Corporation -- one of the top 50 North American auto parts suppliers with over $1 billion in sales -- and its subsidiaries in an out-of-court tender offer transaction pursuant to which over $350 million in long term debt was extinguished.
  • National Century Financial Enterprises litigates chapter 11 issuesIn the fall of 2002, one of the nation's largest health care receivables financing companies, National Century Financial Enterprises and its affiliates (collectively, "NCFE") hired Jones Day after gross irregularities were discovered in their financial statements and operations.
  • National Century Financial Enterprises files for bankruptcy with over $3 billion in debtJones Day represented National Century Financial Enterprises in its chapter 11 case.
  • Nextel and Cellular Telecommunications Industry Association successfully challenge Bankruptcy Court rulings regarding PCS licenses auctioned by FCCJones Day represented Nextel Communications, Inc. (now known as SprintNextel) and the Cellular Telecommunications Industry Association in bankruptcy proceedings regarding the ownership of PCS spectrum licenses auctioned by the FCC.
  • Loewen Group International and 870 affiliated entities file for chapter 11Jones Day represented Loewen Group International, Inc., and 870 of its affiliated entities in its chapter 11 restructuring.
  • AHERF creditors' committee pursues claims against certain officers and trustees of health care systemJones Day pursued claims against certain former officers and trustees of the Allegheny Health, Education and Research Foundation, a multicity health care system, for, among other things, breach of fiduciary duty and against the system's former auditors for audit failure in the years preceding what was the nation's largest not-for-profit health care bankruptcy when it was filed in July 1998.
  • Allegheny Health, nation's largest nonprofit healthcare company, files chapter 11 casesJones Day represented the official unsecured creditors' committee of Allegheny Health, Education and Research Foundation in the chapter 11 cases involving the nation's largest nonprofit health care company with more than $3 billion in debt.
  • Federated Department Stores and affiliates reorganize in chapter 11Jones Day represented Federated Department Stores, Inc. and 65 affiliated corporations, including Bloomingdale's, Inc.; The Bon, Inc.; Burdines Inc.; Jordan Marsh Stores Corporation; Rich's Inc.; and Stern's, Inc. in the second-largest chapter 11 case in history at the time involving $9.6 billion in assets and asserted claims in excess of $60 billion.
  • Cardinal Industries obtains expansion of automatic stayJones Day prosecuted a defendant class action to expand the automatic stay to interests in partnerships in the Cardinal Industries bankruptcy.
  • Cardinal Industries files for chapter 11Jones Day represented Cardinal Industries in their chapter 11 cases, a $1 billion reorganization of one of the nation's largest prefabricated housing and residential real estate management businesses.
  • Speaking Engagements

    • December 2010
      国際倒産法セミナー: 米国取引先企業の経営破綻の際に債権者がとりうる方策について
    • December 4, 2009
      Successful Pre-arranged Bankruptcy Filings, plenary panel, ABI Winter Leadership Conference
    • April 20, 2009
      Jurisdictional and Procedural Issues, panelist, PLI 31st Annual Current Developments in Bankruptcy & Reorganization
    • April 7-8, 2008
      Appeal of Confirmation Orders, panelist, PLI 30th Annual Current Developments in Bankruptcy & Reorganization
    • September 2015, July 1999-2006, 1997, August 1996
      Electronic Communications: Institutional and Individual Liability and Spam, Cornell University: Computer Policy and Law
    • June 28, 2005
      The Business Provisions of the 2005 Bankruptcy Code Amendments, Jones Day CLE Program
    • September 25, 2002
      Privacy2002: Information, Security and New Global Realities
    • July 2001, 2000, 1999
      Free Speech Issues on the Internet, The Internet and Legal Ethics, Liability on the Internet: Defamation and Spamming, Ohio State Bar Association: Law and Cyberspace
    • May 2001
      University of Texas School of Law: 14th Annual Computer Law Conference- Software, Networks and E-Commerce, Intermediary Liability Issues
    • April 2001
      Everything You Always Wanted To Know About Napster, The Federalist Society, Columbus Ohio Chapter
    • October 2000, March 2000, March 1996
      Liability of Colleges and Universities for online conduct by their faculty and students, National Association of College and University Attorneys: Annual Conference
    • August 2000
      Bankruptcy Issues in Hi-Tech Industries, American Bankruptcy Institute: 5th Annual Southeast Bankruptcy Conference
    • April 1998
      Junk E-Mail - The Growing Smell of Spam, 1998 ISPCON
    • March 1998
      The First Amendment and Liability for Third-Party Content in Cyberspace, Seton Hall University School of Law: Constitutional Issues Involving Use of The Internet
    • February 1998
      Computers, Freedom and Privacy 1998, Moot Court: Suing Spammers
    • September 1996
      Publication Torts On-Line: The First Amendment and Liability for Third-Party Content, University of Houston 10th Annual Computer & Information Law Institute
    • August 1996
      Tort and Insurance Practice Section, Media Law and Defamation Torts Committee: Online Newspapers: Liability for Content Posted by Readers, American Bar Association Annual Meeting
    • May 1996
      Publication Torts and Liability for Third-Party Conduct Online, Suffolk University Law School: "Doing Business & Avoiding Liability in Cyberspace"
    • April 1996
      Debating Decency: Censorship and The First Amendment on the Internet - A Panel Discussion, Michigan Telecommunications & Technology Law Review
    • March 1996
      Defamation And The First Amendment Online, Michigan Telecommunications & Technology Law Review: Advising Businesses in an Online Digital World: The Risks and Rewards of Electronic Commerce
    • February 1996
      Libel on the Internet, Federal Communications Bar Ass'n Seminar on Communications Law
    • January 1996
      The First Amendment in Cyberspace, ABA Forum on Communications Law: 1st Annual Conference
    • September 1995
      Torts in Cyberspace: First Amendment Overview, 1995 NAA•NAB•LDRC Libel Conference
    • March 1995
      Libel on the Internet, Society of Prof'l Journalists Midwest Conference: "Libel & Slander in the 90's"
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